Courts and lawyers of Indiana, Volume II, Part 45

Author: Monks, Leander J. (Leander John), 1843-1919; Esarey, Logan, 1874-1942, ed; Shockley, Ernest Vivian, 1878- ed
Publication date: 1916
Publisher: Indianapolis : Federal Pub. Co.
Number of Pages: 586


USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 45


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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James W. Douthit


.Appointed March 30, 1895-November 17, 1896.


Albert E. Chizum


November 17, 1896-April 1, 1899. resigned. The act of February 24, 1899, constituted Newton and Jasper the Thirtieth, where they have since re- mained.


Charles E. Mills Appointed April 21, 1899-January 1, 1901.


John D. Sink


January 1. 1001-January 1, 1905.


Robert O. Graves


January 1. 1905-January 1, 1909.


Fred H. Longwell


January 1, 1909-January 1, 1915.


Reuben Hess


January 1, 1915; term expires Jannary 1, 1917.


NOBLE COUNTY.


Noble county was organized by the Legislature with the act of January 23, 1836, the act becoming effective on the first of the following month. The county has had its full share of trouble in the matter of county seats, the trouble being largely due to the swampy character of the county and its slow settle- ment. The locating commissioners named in the organization act made their report on May 3, 1836. They chose a site in Sparta township on the old Fort Wayne and Goshen trail, in section 24, township 34 north, range 8 east. The town was given the classical name of Sparta (now called Kimmell), but it was not destined to retain its honors very long. No public buildings were ever erected there. Its location in the western part of the county and the desire for a more central site led the citizens to petition the Legislature for an act authorizing the removal of the county seat nearer to the center of the county. The Legislature granted their petition and passed the act of February 4, 1837, naming five commissioners to re- locate the seat of justice. They met on July 3, 1837, at the


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house of Patrick C. Miller at Wolf Lake, and proceeded to examine the different sites offered. Several new towns had been laid out and all were anxious to secure the coveted honor. Sparta, of course, wanted to be again considered; Van Buren, in York township, was an aspirant; Wolf Lake, the first town laid out in the county, was another; Augusta and Port Mitch- ell also had followers. Each offered inducements to secure the seat of justice. After looking them all over, the commis- sioners finally selected Augusta, two miles west of the pres- ent town of Albion. This location seemed to give general satisfaction because of its central location, and a court house and jail were immediately built there. Until the buildings should be erected at the new location, the Legislature ordered all courts to be held at Wolf Lake.


There is but little doubt that the county seat would have remained at Augusta had not the court house been destroyed by fire on March 25, 1843. The records of the auditor, clerk and treasurer were burned and this has rendered it very dif- ficult to write an authentic record of the early judicial his- tory of the county. At this juncture Port Mitchell made a determined effort to secure a legislative act authorizing a relo- cation of the county seat. The Legislature was acquiescent and a bill was passed January 13, 1844, providing for a com- mission to relocate the troublesome seat of justice. Port Mitchell must have had some very influential citizens, since they succeeded in convincing the locating commissioners that they had the best site. The first Monday in March, 1844, was a day of rejoicing in Port Mitchell, for on that day the com- missioners selected their town as the future county seat. Vis- ions of their coming greatness floated before them-brick buildings arose, a court house was erected, and the town boomed with industry-in the minds of the citizens of Port Mitchell.


But their joy was short-lived. Just two years later (Jan- uary 10, 1846) the Legislature was induced to pass a bill providing for a vote on the relocation of the county seat. The act provided for an election on the first Monday of April, 1846, at which the voters should write on their ballots the


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name of the place where they wished the county seat to be located. Then a second election was to be held on the first Monday of June, when the names of the three receiving the highest number of votes in the April election were to be voted on. A third and deciding vote was to be taken on the first Monday of August, at which time the two places receiving the highest number of votes in the June election were to be voted on. Noble county probably never had a more exciting summer than that of 1846. Speeches were made, special songs were composed, and even parades were added to the campaign. At the April election votes were cast for Port Mitchell, Augusta, Center, Rochester, Ligonier, Springfield, Lisbon, Northport and Wolf Lake. The three highest were Port Mitchell, Au- gusta and Center. At the June election Center led the field and Port Mitchell beat Augusta by two votes. The whole county now lined up behind one or the other of the two towns. Augusta, indignant at what it called unfair tactics on the part of Port Mitchell in the previous election, threw its strength to Center, with the result that Center won the county seat. The name of the new county seat was changed from Center to Albion within the first year of its official career. On September 16, 1847, the formal transfer of records and offices was made to Albion. Here the county seat has re- mained, although several efforts have been made to remove it and, so some people in the county say, one court house has been sacrificed in the struggle. The court house at Albion was burned down January 24, 1859, and the circumstances sur- rounding the catastrophe seemed to indicate that it was the work of incendiaries. A new court house was ordered imme- diately and was ready for occupancy in 1861. The construc- tion of the Baltimore & Ohio railroad through Albion in 1874 has probably settled the question of any further changes.


Owing to the fire which destroyed the county records on January 24, 1859, it has not been possible to obtain definite records in regard to the first courts of the county. Samuel C. Sample, who was Judge of the first Circuit court which met in the county in September, 1836, gave it as his opinion several years later that the first court was held in the shade of a large oak tree and presumably this tree stood on the site of Sparta.


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ASSOCIATE JUDGES.


James Latta May 29, 1836, to serve seven years from date. Re- moved from county, June, 1841.


Elisha Blackman May 29, 1836, to serve seven years from date.


Thomas H. Wilson August 21, 1841 (special election), vice James Latta (removed from county), to serve seven years from May 29, 1836.


Edwin Randall August 18, 1843, to serve seven years from date.


Jacob Stage August 18, 1843, to serve secven years from date.


David Simons August 20, 1850, to serve seven years from August 18, 1850.


Edwin Randall August 20, 1850, to serve seven years from August 18, 1850.


PROBATE JUDGES.


Horatio M. Slack August 30, 1844.


Henry R. Burnam October 28, 1845, vice Horatio M. Slack, resigned.


Henry R. Burnam August 28, 1846, to serve seven years from date.


Harrison Wood January 10, 1849, vice Henry R. Burnam, removed from county.


Harrison Wood


September 1, 1849, to serve seven years from date.


COMMON PLEAS JUDGES.


Stephen Wildman 1852-56.


James C. Bodley. 1856 ; resigned, October 10, 1859.


Sanford J. Stoughton Appointed October 10, 1859-October 25, 1860.


William M. Clapp 1860-73.


DISTRICT PROSECUTING ATTORNEYS.


Isaiah B. McDonald.


1852-54.


S. J. Stoughtou.


1854-55.


Vincent C. Mains 1855-57.


Alexander T. Douglas 1857-59.


Oscar P. Hewey 1859-60.


George W. Cummings. 1860-62.


Lewis Covill 1862-64.


Asa M. Tinker 1864-68.


Joseph B. Morton 1868-73.


PRESIDENT JUDGES.


Gustavus A. Everts March 1, 1836-July 5, 1836, resigned. Eighth cir- cuit.


Samuel C. Sample Appointed July 5, 1836-December 30, 1836, trans- ferred to the Ninth.


Charles W. Ewing Appointed December 10, 1836-September 1, 1839, resigned.


Heury Chase Appointed September 1, 1839-December 15, 1839. John W. Wright December 15, 1839-December 14, 1841. The act of December 14, 1841, put Noble in the Twelfth.


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COURTS AND LAWYERS OF INDIANA


James W. Borden


December 15. 1841-October 12, 1852.


Although Gustavus A. Everts was commissioned as the first judge of Noble county, he never held a term of court in this county.


CIRCUIT JUDGES.


Elza A. McMahon October 12, 1852; resigned, August 15, 1855. Tenth circuit.


James L. Worden Appointed August 15, 1855; resigned Jannary 18, 1858. to become Judge of the Supreme court.


Reuben J. Dawson Appointed January 18. 1858-October 26, 1858.


Edward R. Wilson October 26, 1858-October 26. 1864.


Robert R. Lowry October 26, 1864-February 20, 1867. The act of February 20. 1867. put Noble in the Fourteenth.


Hiram S. Tousley Appointed February 28, 1867-October 30, 1872.


James I. Best


October 30, 1872: resigned. September 1, 1876. The act of March 6, 1873, put Noble in the newly created Thirty-fifth. and transferred Best from the Fourteenth to the Thirty-fifth.


Joseph A. Woodhull Appointed September 1. 1876-October 24. 1876.


Hiram S. Tousley


October 24, 1876-November 16, 1882. The act of March 31, 1879. left Noble as the sole county of the Thirty-fifth circuit, and it so remained until October 1, 1880, when Steuben and Dekalb were put back in the circuit.


Robert W. McBride November 16, 1882-November 16. 1SSS.


Stephen A. Powers November 16, 18SS-March 1, 1889. The act of March 1, 1889, put Noble in the Thirty-third with Whitley, where they have since remained.


Joseph W. Adair March 1. 1889-November 17, 1908. Judge Adair had been on the bench of the Thirty-third since December 31. 18SS.


Luke H. Wrigley November 17. 190S; term expires November 17, 1920.


PROSECUTING ATTORNEYS.


Samuel C. Sample_ March 1, 1536-July 5, 1836. resigned. Eighth cir- cuit.


Joseph L. Jernegan Appointed July 5, 1836-December 10, 1836. Trans ferred to the Ninth.


Thomas Johnsou December 10. 1846-December 3. 1838.


John W. Wright December 3. 1838-December 5. 1839.


Lucian P. Ferry December 5. 1839-December 15. 1841.


Spier S. Tipton December 15. 1841-December 15. 1843.


William Z. Stuart December 15. 1843-December 15. 1845.


David M. Dnnn December 15, 1845-December 15, 1847.


William Potter Angust 23. 1849-August 28, 1951, resigned.


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George E. Gordon Appointed August 28, 1851; resigned, September 15, 1852.


John M. Wilson Appointed September 15, 1852-October 12, 1852.


John M. Corinell. October 12, 1852-January 27, 1853. Tenth circuit.


Joseph Brackenridge Appointed January 27. 1853; refused to accept office.


James L. Worden Appointed February 17, 1853; resigned, February 1, 1854.


Edward R. Wilson February 1. 1854-August 1, 1856, resigned.


Sanford J. Stoughton Appointed August 20, 1856-December 6, 1858.


James M. Defrees December 6, 1858: died, May, 1859.


John Colerick Appointed May 10, 1859-October 26, 1860.


Augustus A. Chapin October 26, 1890-November 3, 1862.


James H. Schell


November 3, 1862-November 3, 1866.


Thomas W. Wilson


November 3, 1866-February 20, 1867. The act of February 20, 1867, put Noble in the Fourteenth.


James H. Carpenter


Appointed March 7, 1867-October 30, 1867.


Ezra D. Hartman October 30, 1867-October 24, 1870.


James McGrew


October 24, 1870-May 20, 1872.


Leigh H. Haymond.


Appointed May 20, 1872-October 28, 1873. The act of March 6. 1873, put Noble in the newly created Thirty-fifth, and transferred Haymond from the Fourteenth to the Thirty-fifth.


W. B. McConnell


October 28, 1873-October 28, 1877.


John W. Bixler. October 28, 1877-October 28. 1879.


George B. Adams October 28, 1879-October 28, 1881.


Henry C. Peterson


October 28, 1881-October 28, 1887.


Emmet A. Bratton


October 28. 1887-March 1, 1889. The act of March 1. 1889, put Noble in the Thirty-third with Whit- ley, where they have since remained.


John C. Wigert. Appointed March 1, 1889-October 22, 1891.


Lorenzo D. Fleming October 22, 1891-November 17, 1894.


William A. Glatte


November 17. 1894-November 17. 1896.


Samuel E. Alvord. November 17, 1896-November 17, 1898.


David V. Whiteleather_November 17, 1898-January 1. 1903.


William H. Kissinger _January 1, 1903-January 1. 1905.


Philemon B. Green January 1, 1905-January 1, 1907.


Wier D. Carver January 1. 1907-January 1. 1911.


William H. Spangler January 1, 1911-January 1. 1915. Henry F. Helwig January 1. 1915; term expires January 1. 1917.


CK BOUND TO WECL 15 1938 N


.R. IND.





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